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2023 Supreme(P&H) 2815

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASHOK KUMAR VERMA, J.
Ratan Lal – Petitioner
Versus
State of Haryana & Anr. – Respondents
CRM-M-38008 of 2022
Decided On : 11-05-2023

Advocates Appeared:
Mr. Parveen Gaur, Advocate; For the Petitioner
Mr. Munish Sharma, D.A.G., Haryana for Respondent No.1-State.
Mr. Raghubir Tejpal, Advocate for Respondent No.2.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 308, 323, 506, and 34 - Quashing of FIR - Petition filed for quashing FIR on the basis of compromise between parties - Court confirmed that compromise was voluntary and proper - Court highlighted the importance of quashing proceedings to meet the ends of justice if parties settle amicably. (Paras 1, 2, 6, 8)

(B) Inherent Powers - The court emphasized that although inherent powers under Section 482 are to be exercised sparingly, they can be invoked to prevent injustice when disputes of a private nature are amicably settled. The court also referenced previous judgments that support this principle. (Paras 6, 7, 8)

Facts of the case:
The petitioner requested quashing of FIR No.418 based on a compromise dated 12.08.2022. The District and Sessions Judge reported that the compromise was made voluntarily. The State’s counsel argued the offence was non-compoundable. (Paras 1-5)

Findings of Court:
The court quashed the FIR and subsequent proceedings in favor of the petitioner, subject to payment of costs to support the Poor Patients Welfare Fund, emphasizing peace and harmony as a goal. (Paras 9, 10)

Issues: The main issues were whether the FIR could be quashed based on the compromise and the application of inherent powers under Section 482 in non-compoundable offences. (Paras 4, 5)

Ratio Decidendi: The court found that it is within its authority to quash charges if there is a voluntary settlement between parties, pointing out the detrimental effects of long criminal trials and the importance of justice. (Paras 6-8)

Result: FIR No.418 and all related proceedings are quashed, subject to costs to be paid. (Para 9)

Table of Content
1. overview of the petition for fir quashing (Para 1 , 2)
2. arguments for and against quashing the fir (Para 3 , 4)
3. court's analysis on principles governing fir quashing (Para 5 , 6 , 7)
4. interests of justice in quashing proceedings due to compromise (Para 8)
5. final decision to quash proceedings with conditions (Para 9 , 10)

JUDGMENT

Mr. Ashok Kumar Verma, J. (Oral)

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.418 dated 23.09.2021 registered under Sections 308 , 323, 506 and 34 of the INDIAN PENAL CODE , 1860 at Police Station Ladwa, District Kurukshetra (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 12.08.2022 (Annexure P- 2) effected between the private parties.

2. Pursuant to order dated 15.11.2022 passed by this Court, the parties had appeared before learned District and Sessions Judge, Kuruksharta to get their statements recorded. Learned District and Sessions Judge, Kuruksharta submitted her report along with copies of statements of the parties vide letter dated 02.12.2022. As per the said report, learned District and Sessions Judge, Kuruksharta, is satisfied that the compromise has been entered upon by the parties voluntarily and without any pressure.

3. Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide written Compromise dated 12.08.2022 (Annexure P-2), no purpose will be served by keeping the proceedings against the petitioner and the impugned FIR (Annexure P-1), may be quashed and set aside.

4. On the other hand, learned State counsel has argued that the offence is non-compoundable, so the petition may be dismissed.

5. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire record in detail.

6. Their Lordships of the Hon'ble Supreme Court in Preeti Gupta and another v. State of Jharkhand and another , (2010) 7 SCC 667 , have held that the ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. The criminal trials lead to immense sufferings for all concerned. Their Lordships have further held that permitting complainant to pursue complaint would be abuse of process of law and the complaint against the appellants was quashed. Their Lordships have held as under:

    "[27] A three-Judge Bench (of which one of us, Bhandari, J. was the author of the judgment) of this Court in Inder Mohan Goswami and Another v. State of Uttaranchal & Others, (2007) 12 SCC 1 comprehensively examined the legal position. The court came to a definite conclusion and the relevant observations of the court are reproduced in para 24 of the said judgment as under:-

    "Inherent powers under section 482 Cr.P.C. though wide have to be exercised sparingly, carefully and with great caution and only when such exercise is justified by the tests specifically laid down in this section itself. Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the Court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the Statute."

    [28] We have very carefully considered the averments of the complaint and the statements of all the witnesses recorded at the time of the filing of the complaint. There are no specific allegations against the appellants in the complaint and none of the witnesses have alleged any role of both the appellants.

    [35] The ultimate object of justice is to find out the tru

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